Case No. S2014_002 ¦ Settlement
Last week I have reported on the oral hearing in this matter; see here.
We won’t see a decision of the FPC on the plaintiff’s request to impose a prohibition of sales as an interim measure in extension of the term of the SPC. In the meantime, I have been informed by Simon HOLZER (representative of the plaintiff) that the parties have settled, essentially as follows:
- The defendant has accepted to abstain from advertising / offering Escitalopram Sandoz® until May 31, 2014 (lapse of the SPC).
- The plaintiff has withdrawn the request to impose a prohibition of promotion / sales / distribution as an interim measure, in extension of the term of the SPC.
- Court fees are borne by the defendant.
- The defendant has accepted to pay the plaintiff a reasonable compensation.
- By fulfilling the settlement both parties agree to have settled all mutual claims resulting from that case.
In my perception, an outcome like this is not much of a surprise: From a business perspective, this makes perfectly sense for both parties.
Reported by Martin WILMING
BIBLIOGRAPHY
Case No. S2014_002 ¦ Settlement
Lundbeck (Schweiz) AG ./. Sandoz Pharmaceuticals AG
Subject(s):
- Infringement
Composition of the Board of the FPC:
- Dr. iur. Dieter BRÄNDLE (President, Single Judge)
- Lic. iur. Susanne ANDERHALDEN (Court Secretary)
Representative(s) of Plaintiff:
Representative(s) of Defendant: